Robert T. Healey, Esq.

What All Consumers Should Know About the Telephone Consumer Protection Act (TCPA)

Healey Law, LLC represents consumers in claims for violations of the Telephone Consumer Protection Act.  The TCPA is a federal law which was passed by Congress in 1991 to protect consumers from incurring the expense and the aggravation associated with harassing phone calls from banks, debt collectors, telemarketers and other big institutions.  The TCPA is a little known but beneficial law for consumers, providing a powerful remedy in situations wherein banks, debt collectors, telemarketers and other institutions begin using automatic dialers and spam text messages to contact them on their cell phones.  Here are some helpful tips to always remember about the TCPA:

  • The TCPA protects consumers from receiving auto-dialed or pre-recorded messages on their cell phone from banks, telemarketers, debt collectors and other entities unless the consumer has provided their prior express consent to receive calls on the cell phone from those entities (it also covers text message spam);
  • The most common violators of the TCPA are debt collectors, banks and telemarketers;
  • If you have previously provided your cell phone to a creditor or debt collector and are receiving calls on your cell phone, you can always revoke any prior consent to receiving calls (it is best to do so via certified mail);
  • Always save your voicemails and have them reviewed by a consumer attorney for potential violations of the TCPA (and other federal laws);
  • Just because you hear a “live” voice at the other end of the cellphone, the call still may have been made with an auto-dialer;
  • If you are beginning to receive pre-recorded calls or calls made from an auto-dialer, start keeping a written log of the calls and request/save your records from your cell phone provider;
  • If you are receiving calls on your cell phone for someone else’s debt, you may very likely have a claim under the TCPA.  One common situation wherein this occurs is if you or someone in your family subscribes to a new cell phone service with a new cell phone number.  Banks and debt collectors for the prior subscriber might continue to call your new number in an effort to reach the old subscriber using an auto-dialer.  These are good causes of action.  These kinds of claims can also arise when calls from banks or debt collectors come to you when those entities are looking for a friend or family member.

The statutory penalty for violations of the TCPA is $500.00 to $1,500.00 per attempted call or communication.  These claims can be substantial if the consumer keeps good records and pays close attention to the calls he or she is receiving on his or her cell phone.  At Healey Law, LLC, Bob Healey has handled hundreds of TCPA claims.  For a free consultation, contact him at (314) 401-3261 or at info@healeylawllc.com.

 

Bob Healey is a licensed attorney and principle with Healey Law, LLC, a full-service St. Louis law firm, specializing in handling cases for accident and injury victims, injured workers, and consumers who have been abused or mistreated by debt collectors, banks, mortgage companies and credit reporting agencies. With 4 convenient locations in Chesterfield, Downtown St. Louis, North County (Bridgeton near DePaul Hospital) and South County (on Tesson Ferry across from St. Anthony’s Hospital) the attorneys at Healey Law, LLC have over 25 years of experience representing clients in the State and Federal Courts in both Missouri and Illinois.  For more information visit:  http://www.healeylawllc.com